3.3_Case update by Benita Whitcher.pdf

Constructive dismissal
Murray v Minister of Defence [2008] 6 BLR 513 (SCA)
– Naval officer [excluded from LRA] sued in HC for constructive dismissal.
– SCA did 2 important things:
• developed the common law to incorporate constructive dismissal;
• incorporated concept of ‘employer culpability’ or ‘blameworthiness’ in
test for constructive dismissal.
– Held re (a): EEs may rely in civil claims on CD because EEs’ rights under the
common law now virtually indistinguishable from their rights under labour
llegislation. i l ti